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Frequently Asked Questions

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Why should I work on this now? The deadline is Jan 1,2026, I still have time.

With the first compliance deadline set for January 1, 2026, it’s tempting to wait. But acting early has its advantages:

  1. Avoid Last-Minute Chaos: Inspectors’ schedules fill up fast as deadlines approach.
  2. Plan for Repairs: If issues are uncovered during your balcony inspection, you’ll need time to address them.
  3. Save Money: Early detection of minor issues can prevent major, costly repairs.
  4. Stay Compliant: Procrastination can lead to non-compliance penalties, and no one wants that stress.

The sooner you schedule your balcony inspection, the more time you’ll have to ensure everything is up to standard.

Who can perform an SB721 Inspection?

Not just anyone can conduct a balcony inspection. You’ll need a qualified professional, such as:

  • A licensed structural engineer or architect.
  • A certified building inspector.
  • A licensed contractor experienced in exterior elevated elements (EEEs), (A, B, or C-5) with at least 5 years’ experience constructing multistory wood frame buildings.

Ensure that whoever you hire understands California’s specific balcony inspection laws and has a track record of reliable, thorough work.

What happens if the inspection uncovers needed repairs?

Repairs classified as “immediate action required” represent a real and present risk to life and safety. If a safety inspection reveals such issues, the inspector must notify the local building department and the building owner within 15 days of the inspection.

At that point, the building owner must inform tenants and prevent access to the area if needed.

The owner then has 120 days to obtain a building permit for the required repairs and an additional 120 days to complete the necessary repairs.

Do we have to inspect all the exterior elevated elements at our property?

Not always. During a balcony inspection, professionals often inspect a representative sample of balconies, decks, and other elevated structures.

If the sample reveals widespread issues, the inspector may recommend a more comprehensive evaluation. It’s about ensuring safety without unnecessary disruptions.

The law requires inspection of at least 15 percent of each type of Exterior Elevated Element. This means not all elements will be inspected and the number of elements inspected will vary based on the total number of elements at each community. Elements are selected randomly using a validated random selection process. SB326 requires 95% of all exterior elevated elements to be inspected.

How often do we have to do these inspections?

Frequency depends on the law governing your property:

  • SB 721: Inspections are required every 6 years for apartment buildings.
  • SB 326: Inspections for condominiums must be conducted every 9 years, with the first inspection required by January 1, 2025.

Staying on schedule not only ensures compliance but also helps catch and resolve issues before they escalate.

Do all dwellings need to be inspected?

No, not all dwellings require a balcony inspection, but if your property falls under certain categories, it’s mandatory.

  • SB721 applies to multi-family residential buildings with 3 or more units.
  • SB326 covers condominium complexes managed by HOAs.

If you own a single-family home or duplex that isn’t part of an HOA, you’re exempt. For everyone else, a regular balcony inspection isn’t just a legal requirement—it’s a smart investment in safety.

All structures elevated more than 6’ above the ground and made from wood, or wood-based elements must be inspected, including:

  • Porches
  • Stairways
  • Walkways
  • Decks
  • Elevated entry structures
Who selects which exterior elevated elements are inspected?

The decision is typically made by the licensed professional conducting the inspection. They’ll identify a sample of balconies and other EEEs based on:

  • The property’s size and layout.
  • The condition of the structures.
  • Areas showing visible signs of wear or damage.

Their goal is to provide an accurate assessment while minimizing disruption.

What does the inspection report include and who receives the report?

Based upon the inspections, the inspector shall issue a written report containing the following information for each inspected element:

  1. The identification of the building components comprising the load-bearing components and associated waterproofing system.
  2. The current physical condition, including whether the condition presents an immediate threat to the health or safety of the occupants.
  3. The expected future performance and projected service life.
  4. Recommendations for any necessary repair or replacement of the load-bearing components and associated waterproofing system.

The written report must be presented to the Owner of the building within 45 days of completion of the inspection. If the inspector advises that the Exterior Elevated Element poses an immediate threat to the safety of the occupants, or that preventing occupant access or emergency repairs, including shoring, are necessary, then the report shall be provided by the inspector to the Owner of the building and to the local enforcement agency within 15 days of completion of the report.

What happens if I don’t address SB721 & SB326?

Skipping a required balcony inspection can have serious consequences:

  1. Fines and Legal Penalties: Non-compliance can lead to hefty fines or lawsuits if an incident occurs.
  2. Costly Repairs Later: Minor issues can become major (and expensive) problems if left unaddressed.
  3. Tenant Safety Risks: Ignoring inspections puts tenants at risk, damaging your reputation and liability exposure.
  4. Insurance Issues: Non-compliance could lead to higher premiums or denied claims.

Avoiding a balcony inspection might save time now, but it’s a costly gamble in the long run.

Under the new bill, penalties of $100-$500 per day will be assessed for non-compliant facilities. If a civil fine or penalty has been assessed, the local jurisdiction also reserves the right to enforce a safety lien against the facility. If a building owner refuses to pay the fines issued against them, the local jurisdiction can seek to satisfy the lien through foreclosure.

Are iron/metal stairs exempt?

Yes, if the stairs and landings are constructed from 100% metal or concrete, and there is zero wood used in any part of the structure.

Does a balcony over a garage needs to be inspected?

It depends on the specific situation. Please give us a call and we’ll help determine if it qualifies under the inspection requirements.

Are exterior walkways over crawlspaces included?

This is also determined on a case-by-case basis. Contact us for assistance in evaluating your property.

What about condos with only two balconies?

If the property is part of an HOA with three or more units, then yes, the balconies must be inspected.

Does balcony inspections apply to non-rental units in an HOA?

Yes, if there are three or more units within the HOA, even if they are owner-occupied.

What about timeshare condos?

Yes, timeshare condos must be inspected if they are part of an HOA with three or more units.

Who needs the balcony inspection report — HOA, landlord, city, or Fannie Mae?
  • The inspection report must be disclosed at the time of sale.
  • Only failing reports need to be submitted to the city.
  • Property owners must retain the inspection report for two full inspection cycles:
    • 12 years for SB 721
    • 18 years for SB 326
Are balcony permits always required?

Permits may be required depending on the type of failure identified during the inspection. Property owners should check with their local jurisdiction.

Where is the balcony inspection report submitted?

Reports are submitted to your local city or county jurisdiction, with the responsible department varying by location.

Can owners be sued over uninspected balconies?

Yes, owners may be sued if an uninspected or unsafe balcony results in injury, property damage, or non-compliance.

What if a tenant sues for unsafe conditions?

Tenants can pursue legal action if unsafe conditions are identified and not properly addressed by the owner.

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